"NON-COMPETITIVELY BID (NCB) CONTRACT JUSTIFICATION"
Department of General Services Procurement Division For PD Use only NCB #: ______________ NON-COMPETITIVELY BID (NCB) CONTRACT JUSTIFICATION For use on all information technology (IT) and non-IT goods and services acquisitions. Attach to Std. 65, Std. 66 or Std. 821, as applicable. __ This justification document consists of two (2) pages. All information must be provided and all questions must be answered. The “Required Approvals” section must include a date for each signature, as appropriate for the transaction. Term: Requesting Department Information ______________ Agency: Department: _____________ (*Includes Boards, Commissions, and Associations) Institution (if applicable): Department Contact Information Contact Name: Street Address: Telephone: ( ) FAX: Mailing Address: ( ) E-Mail: Required Contract Information Contractor Name: Contractor Address: Original Contract Amendment Amount:* (if New Contract Amount: * Has work commenced? Amount:* applicable) $ Yes No $ $ (*Includes original contract and all Have goods been acquired? (*Includes original contract and amendments, including current amendment) Yes No previously approved amendments) (*Current amendment only) Attach explanations for any “Yes” answers. Provide a brief description of the acquisition, including all goods and/or services the contractor will provide: Contract Type and Term Contract Type: Contract Term: Type of Award: Will this transaction be Select One: Non-IT Goods financed? Non-IT Service Begin:_____________________ CMAS: _______ No _____ Yes _____ IT Goods End:______________________ Master: IT Service _______ IT Goods & Explain late contract submittal Competitive: _______ If yes, attach the Statement of Services (services only): Form 42: ________ Compliance to the State Financial Marketplace to this form Required Approvals Department Agency Dept. of General Services Approved Denied Approved Denied Approved Denied ________________________________ __________________________________ _______________________________ Signature of Director or Designee/Date Signature of Agency Secretary or Designee/Date Signature of Director or Designee/Date ________________________________ ______________________________________ _______________________________ Type Name of Director or Type Name of Agency Secretary or Type Name of Director or Designee see Instructions see Instructions Remit completed form to: Procurement Division One-Time Acquisitions 707 Third Street, 2nd Floor, MS: 201 (Rev 12/20/07) 1 Department of General Services Procurement Division West Sacramento, CA 95605 (Rev 12/20/07) 2 Department of General Services Procurement Division Signature Instructions for Agencies with an Agency Secretary This form requires approval by Agency Secretary or Agency Undersecretary or Designee and the Director or Chief Deputy. The typed name and signature must match. The Agency Secretary may designate one person, in addition to Agency Undersecretary, to sign on his/her behalf, of cabinet officer level (e.g., Assistant Undersecretary, Deputy Secretary, etc., the actual title is depende nt upon the Agency’s organizational structure). Signature Instructions for Agencies that do not have an Agency Secretary This form requires approval by the highest ranking executive officer or designee. The typed name and signature must match. Th e highest ranking officer may designate one person to sign on his/her behalf subject to DGS approval. Complete responses must be provided for all of the following items. A. THE GOOD/SERVICE REQUESTED IS RESTRICTED TO ONE SUPPLIER FOR THE REASONS STATED BELOW: 1. Why is the acquisition restricted to this good/service/supplier? (Explain why the acquisition cannot be competitively bid. Explain if this is an emergency purchase or how the supplier is the only source for the acquisition and reference the PCC that applies, i.e., 12102, 10301/10302, or 10340. 2. Provide the background of events leading to this acquisition. 3. Describe the uniqueness of the acquisition (why was the good/service/supplier chosen?) 4. What are the consequences of not purchasing the good/service or contracting with the proposed supplier? 5. What market research was conducted to substantiate no competition, including evaluation of other items considered? (Provide a narrative of your efforts to identify other similar or appropriate goods/services, including a summary of how the department concluded that such alternatives are either inappropriate or unavailable. The names and addresses of suppliers contacted and the reasons for not considering them must be included OR an explanation of why the survey or effort to identify other goods/services was not performed.) B. PRICE ANALYSIS 1. How was the price offered determined to be fair and reasonable? (Explain what the basis was for comparison and include cost analyses as applicable.) 2. Describe any cost savings realized or costs avoided by acquiring the goods/services from this supplier (Rev 12/20/07) 3 Department of General Services Procurement Division Non-Competitively Bid (NCB) Contract Justification Corrective Action Plan This section must be completed for any NCB that could have been competitively bid but was not due to insufficient time to complete the competitive acquisition process. This does not apply to emergency procurements in accordance with PCC Sections 10302, 10340(b)(1) and 12102(a)(2). Complete responses must be provided for all of the following questions: 1. Why is the submission of a NCB necessary and what are the determining factors that caused the problem? Explain why your department has not conducted a competitive bid. Provide the background of events (timeline) leading to the submission of this NCB. Identify any critical time delays or issues that prevented your department from completing this acquisition using a competitive process (i.e., budget, approvals, and/or appropriate analysis). 2. What are the consequences of not having this NCB approved? Describe in detail the impact to the department and to the program(s) if the NCB is not approved. 3. How will your department ensure adequate planning to prevent submittal of NCB’s for goods or services that should have been competitively bid? Provide a detailed plan of your department’s efforts to improve your acquisition planning to maximize the use of competition to meet your needs. This plan must include how the department will provide for a tracking system to ensure timely review of upcoming requirements. Departments acknowledge that submission of a corrective action plan is the basis for how the department will provide for sufficient time to use competition in the acquisition process. Failure to follow the Corrective Action Plan may result in the loss of your department’s delegated procurement authority. This plan must be kept on file for future auditing purposes. (Rev 12/20/07) 4